Palmer v. Palmer et al

Filing 7

ORDER: Pursuant to 28 U.S.C. §1653, that, on or before 09/27/2013 the removing defendant shall file an amended notice of removal providing the citizenship of defendant, Brand Energy Solutions, LLC, by setting forth all citizenship particulars required to sustain federal diversity jurisdiction. Signed by Magistrate Judge Richard L. Bourgeois, Jr on 09/18/2013. (CGP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

AUDREY PALMER
CIVIL ACTION
VERSUS
NO. 13-213-SDD-RLB
GARY PALMER, ET AL

ORDER
The court sua sponte notes the potential insufficiency of the removing defendant's allegation
of the citizenship of the parties as follows;
1.

A party invoking diversity jurisdiction must allege the citizenship rather than mere
residence of an individual. In addition, see 28 U.S.C. §1332(c)(2) for infants, minors
and an incompetent. The citizenship of _______________ is not provided.

2.

A party invoking diversity jurisdiction must allege both the state of incorporation and
principal place of business of each corporate party. See, e.g., Illinois Central Gulf
Railroad Co. v. Pargas, Inc., 706 F.2d 633 (5th Cir. 1983). The state of incorporation
and principal place of business of _______________ is not provided.1

3.

____

A party invoking diversity jurisdiction must allege both the state of incorporation and
principal place of business of each corporate party. See, e.g., Illinois Central Gulf
Railroad Co. v. Pargas, Inc., 706 F.2d 633 (5th Cir. 1983). Even when a liability
insurer takes on its insured’s citizenship under 28 U.S.C. § 1332(c)(1), its own
citizenship still is considered in determining whether complete diversity exists.
The state of incorporation and principal place of business of ____ is not provided.2

4.

X

A party invoking diversity jurisdiction must properly allege the citizenship of a
limited liability company. The citizenship of a limited liability company for
diversity purposes is determined by the citizenship of its members. The citizenship
of all of the members of a limited liability company must be properly alleged. In
the event a member of a limited liability company is another limited liability
company, the members of that limited liability company must be properly alleged as

1

The phrase “principal place of business” in §1332(c)(1) refers to the place where a
corporation’s high level officers direct, control, and coordinate the corporation’s activities, i.e.,
its “nerve center,” which will typically be found at its corporate headquarters. Hertz Corp. v.
Friend, 130 S.Ct. 1181, 175 L.Ed.2d 1029 (2010)
2

See footnote 1.

well. See Harvey v. Grey Wolf Drilling Co., 542 F.3d 1077, 1080 (5th Cir. 2008).
The complete citizenship of defendant, Brand Energy Solutions, LLC (rec. doc. 2
states that Brand Energy Solutions, LLC was improperly designated in the petition
in this action as Brand Scaffold Services, LLC) is not provided.
5.

A party invoking diversity jurisdiction must properly allege the citizenship of a
general partnership, a limited liability partnership, and a limited partnership. A
general partnership, a limited liability partnership, and a limited partnership has
the citizenship of each one of its partners. Both the general partner and limited
partner must be alleged to establish citizenship of a limited partnership. See
International Paper Co. v. Denkmann Assoc., 116 F.3d 134, 137 (5th Cir. 1997);
Carden v. Arkoma Associates, 494 U.S. 185, 110 S.Ct. 1014, 108 L.Ed.2d 157
(1990). The citizenship of _____________________ is not provided.

6.

____

A party invoking diversity jurisdiction must properly allege the citizenship of
Underwriters at Lloyd's, London. The citizenship of Underwriters at Lloyd's,
London has not been provided. See Corfield v. Dallas Glen Hills LP, 355 F.3d
853 (5th Cir. 2003), cert. denied, 541 U.S. 1073, 124 S.Ct. 2421, 158 L.Ed.2d 983
(2004).

7.

____

A party invoking diversity jurisdiction must properly allege the citizenship of a
sole proprietorship. A business entity cannot be both a corporation and sole
proprietorship; therefore the court seeks to clarify the identity of
plaintiff/defendant. Case law suggests that the citizenship of a sole proprietorship
for diversity purposes is determined by the citizenship of its members and/or
owners. See Linder Enterprises v. Martinringle, 2007 WL 3095382 (N.D. Tex.).
The citizenship of __________________ is not provided.

Accordingly,
IT IS ORDERED, pursuant to 28 U.S.C. §1653, that, on or before September 27, 2013,
the removing defendant shall file an amended notice of removal providing the citizenship of
defendant, Brand Energy Solutions, LLC, by setting forth all citizenship particulars required to
sustain federal diversity jurisdiction.
Signed in Baton Rouge, Louisiana, on September 18, 2013.

s

RICHARD L. BOURGEOIS, JR.
UNITED STATES MAGISTRATE JUDGE